Consumer-Farmer Cooperative, Inc. v. Du Mond
Opinion of the Court
This is a proceeding to review a determination made by respondent, commissioner, which denied petitioner’s application for a renewal of its milk dealer’s license for the year ending March 31, 1954, provided that if the petitioner immediately discontinued the sale and delivery of milk to apartments and residences and similar deliveries, then, in that event, the order of denial might be suspended. Originally, in 1948, petitioner obtained a license to sell milk at wholesale only in Manhattan, Brooklyn, Bronx and Queens. The wholesale license was thereafter extended to permit the sale of milk “directly to consumer groups at housing developments and other similar 'stands’ in the area”. The real crux of this controversy is that the department contends that both parties understood that this wholesale license, with the extension, permitted the sale of milk at housing developments only to those customers who called for it at a truck or at a central point where quantities of cases of milk were available, but did not permit retail deliveries to the doors of apartments within the development. Petitioner claims that the license permitted such retail deliveries; that there is no definition of- “ stands ” in the statutes involved, and that the commissioner is without legal authority to impose the condition or limitation attached to the license. After a hearing the commissioner found that petitioner had been making and continued to make retail deliveries to individual apartments; that such deliveries were unauthorized, and refused to renew the license unless the practice stopped. There is a price differential between the two methods of delivery. The wording of the “ extension” of the wholesale license and the limitation in the wholesale license for 1952-53 is clear. The meaning does not depend upon the use of the word
Case-law data current through December 31, 2025. Source: CourtListener bulk data.